Excerpt: ... and SUSTAINED in part without leave to amend. (Code Civ. Proc., § 430.10(e).) The demurrers to all causes of action are sustained as to Cross-Defendant Handy Randy. The Cross-Complaint fails to allege facts showing that entity Cross-Defendant Handy Randy may be held liable for the torts of its alleged agent Cross-Defendant Gregory Larson. A principal may be held liable for the torts of its agent or ostensible agent falling within the scope of t...

Excerpt: ...he UCC filing. There was a condition precedent which stated, “UPON APPROVAL OF SALES VOLUME . . . subject to approval of Purchaser(s), and Seller(s) . . .” Since the condition precedent did not occur, the UCC filing was improper and is stricken. Pursuant to Code Civ. Proc., § 765.030, Defendant June Jinoh Lee is required to pay reasonable attorney fees in the sum of $1,950.00 ($325.00 per hour x 6 hours) within fifteen (15) days. Oral testim...

Excerpt: ...nted in part. Disobeying a court order to provide discovery is a misuse of the discovery process. (Cal. Civ. Proc. Code § 2023.010(g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) A trial court should consider both the conduct being sanctioned and its effect on the party seeking discovery and, in choosing a sanction, should attempt to tailor the sanction to the harm caused by the withheld discovery. (Doppes v. Bentley Motors, Inc. (...

Excerpt: ...e Civ. Proc., § 2023.010(g). On 07/27/2020, this Court ordered Defendant Americor Funding, Inc., to provide further responses to Form Interrogatories (Set One), Nos. 201.2(b), 201.4(c), and 216.1(c), among others. (ROA 169.) Defendant's responses to Nos. 201.2(b) and 201.4(c) remain evasive and incomplete. Defendant's arguments that the responses are complete rely on information not included in the verified responses; the verified response to No...

Excerpt: ...basis that it is moot after the Court's ruling on December 14, 2020 which granted Plaintiff Paul H. Beyer with leave to file an Amended Complaint. (ROA No. 274, Gonzalez Decl., ¶ 5; ROA No. 267, 12/14/20 Minute Order.) Defendant Orange Coast Memorial Medical Center (“OCMMC”) OCMMC joined in Defendants Mir B. Ali, M.D. and Smart Dimensions Weight Loss's Motion to Dismiss by way of a Notice of Joinder filed on 10/16/20. It is common practice f...

Excerpt: ...n to compel. The trial court should tailor the sanction for such conduct to “fit the crime.” (Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1293.) The court cannot impose sanctions as punishment; the choice of sanctions should not give the moving party more than it would have gotten had the discovery been responded to. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992; Caryl Richards, Inc. v. Superior Court, 188 Cal.App.2d at 30...

Excerpt: ...le it within 15 days of service of the Notice of Ruling. First Cause of Action for Violation of Civil Code Section 1694 The first cause of action alleges the March 31, 2019 Membership Agreement between Raging Bull Enterprises and Plaintiff (the “Contract”) violates Civil Code section 1694.2(b)(1) and section 1694.2(d)(1). Civil Code section 1694.2(b)(1) states: Every dating service contract shall contain on its face, and in close proximity to...

Excerpt: ...Universal Recording Environment (“SECURE”) system is denied. The relationships between Plaintiffs and LA County are governed by a Memorandum of Understanding (“Memorandum”). Plaintiffs have each separately entered into a Memorandum. (Klessig Decl., ¶ 2, Exs. 1 and 2.) Each Memorandum details that the counties of Los Angeles, Orange, Riverside, and San Diego are the “Owners” of the SECURE system, and Plaintiffs are referred to as the ...

Excerpt: ...se. Although it is not entirely clear, it appears that Defendant is seeking relief under Code Civ. Proc § 473(b). That is, according to the Notice of Motion, Plaintiff is seeking relief under Code Civ. Proc § 473(b). But the Motion does not discuss this section at all. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, ...

Excerpt: ...done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens.” (Cal. Const., art. XIV, § 3.) Although Petitioner asserts that a petition to remove a claim of lien is the same as a motion to expunge a lis pendens, this is not accurate and the authority cited by Petitioner, Lambert v. Superior Court (1991) 228 Cal.App.3d 383, does not support this proposition. Rather, Lambert addr...

Excerpt: ... Livemore LLC dba Mansion Costa Mesa Ruling Motion 1) Ruling: Defendant YG's Demurrer to the First Amended Complaint is sustained in part and overruled in part. Defendant YG demurs to the fourth cause of action for negligence and the fifth cause of action for negligent hiring. To state a claim for negligence, plaintiff must allege that: (i) defendants had a legal duty to use due care; (i) a breach of such legal duty; and (iii) the breach as the p...

Excerpt: ... the Second Amended Complaint is OVERRULED as to the First Cause of Action for Negligence and SUSTAINED with fifteen (15) days leave to amend as to the Second Cause of Action. First Cause of Action for Negligence v. Rainbow Rising: Plaintiff alleged that “No staff from Defendants witnessed, paid attention, or supervised Plaintiff and the students around him when the accident happened.” (Page 2, lines 23- 24). “Rainbow Rising . . . owed a sp...

Excerpt: ...s is denied. A party seeking to compel arbitration pursuant to Code of Civil Procedure section 1281.2 must plead and prove (1) the existence of a written arbitration agreement and (2) that the other party has refused to arbitrate. (Code Civ. Proc., § 1281.2; Mansouri v. Sup. Ct. (Fleur Du Lac Estates Ass'n) (2010) 181 Cal.App.4th 633, 640-641.) Because the existence of the agreement is a statutory prerequisite to granting the petition, the petit...

Excerpt: ... 96, 100-101.) The Complaint sufficiently indicates what issues must be admitted or denied by Defendants. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Causes of Action for Breach of Loan Agreement. The Complaint asserts five causes of action for breach of loan agreement. The demurrer indicates that Defendants believe the first cause of action (but apparently not the other causes of action for breach of loan agreement) fa...

Excerpt: ...ke at ii:6-7; Special Mot. to Strike at 1:22-23.) The Special Motion to Strike represents that a copy of the FACC is attached to the concurrently filed RJN (Special Mot. to Strike at 1:22- 23), but no RJN was filed. (See generally ROA.) There is no FACC on file with this court. It is reasonable to believe that the self-represented Cross-Complainants served but neglected to file an amended Cross-Complaint. If the moving papers refer to a not-yet-f...

Excerpt: ...aware law, Plaintiff concludes that Defendant and Plaintiff owe each other a fiduciary duty. The Complaint alleges that Defendant breached the duty “owed to the John [sic] by doing all of the acts and omissions alleged in this complaint.” (Comp., ¶ 40.) Specifically, the Complaint alleges that Defendant, knowing Plaintiff was out the country, used Plaintiff's absence to attempt to gain control of XG in a way that was open to the public and g...

Excerpt: ... v. Dong Li (OCSC 2020-01131891) shall be the lead case, as it is the lowest numbered case. Plaintiff to give notice. Ruling Motion 2: Ruling: Defendant's demurrer is sustained; Defendant's motion to strike is granted. The California Fair Employment and Housing Act (“FEHA”) makes it unlawful for an employer to discharge an employee because of her “marital status.” (Gov. Code § 12940(a).) Plaintiff's first cause of action asserts a cause ...

Excerpt: ...suant to Code of Civil Procedure section 36 is denied without prejudice. Code of Civil Procedure section 36(a) states that a party to a civil action who is over 70 years of age may petition the court for a preference, which the court “shall grant” if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole and (2) the health of the party is such that a preference is necessary to prevent...

Excerpt: ...int.'” Medical Marijuana, Inc. v. ProjectCBD.com (2020) 46 Cal.App.5th 869, 884. Plaintiff has specifically identified the alleged libel, which satisfied the pleading requirement. Anti-SLAPP: “Resolution of an anti-SLAPP motion involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. . . . If the defendant makes the required showing, the burden shifts to the plaintiff ...

Excerpt: ...he initial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demons...

Excerpt: ... Espinoza and Lisa Espinoza, as successors in interest on behalf of Chandler Espinoza, deceased; Chip Espinoza, Lisa Espinoza, Chase Espinoza, Chance Espinoza, and Charli Espinoza Ruling for Motion 1: Defendant's demurrer to the first through thirteenth causes of action is sustained. Should Plaintiffs wish to amend the complaint to address the issues herein, Plaintiffs shall file and serve the amended complaint within 15 days of service of the no...

Excerpt: ... is granted. A defendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has plea...

Excerpt: ...olicy, a defendant owes no duty to protect a plaintiff from particular harms.” (Avila v. Citrus Community College Dist. (2006) 38 Cal.4th 148, 161.) Where primary assumption of the risk applies, it is a complete bar to the plaintiff's recovery. (Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990, 1003-1004.) The California Supreme Court has ruled that primary assumption of risk may bar a personal injury action brought by a particip...

Excerpt: ...ely with supplemental responses. Ruling Motion 2) Plaintiff Sushi Bear, Inc.'s Motion for Further Responses to Special Interrogatories is GRANTED in part and DENIED in part. Within fifteen (15) days, Defendant June Jinoh Lee shall respond without objection to Special Interrogatories Nos 1 and 2. The Motion is denied as to Special Interrogatories Nos. 29, 30, 31, 32, 34 and 35. Special Interrogatories Nos. 2 & 3 requested the facts upon which Defe...

Excerpt: ...r 28, 2020. Code of Civil Procedure section 685.040 provides a judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5 [attorneys' fees allo...